Determination Letters

[Guest AP]

If a plan document was never submitted for a determination letter and the plan is amended and restated for the 1996-1998 changes (GUST, would there be any problems in submitting it for a determination letter (the document has no unusual plan provisions)?

[Lynn Campbell]

When was your Plan originally effective?

[Guest AP]

since 1993

[Guest maria jose]

did you ever resolved this?

[Guest CGBS]

Slightly different question about determination letters....We have been doing new documents for the past year which were not submitted because of GUST. When we ultimately submit do we have to send BOTH documents or just the most current? Thanks for any guidance

[Wessex]

AP: Assuming that there are no problems with the document or the data disclosed in the application, the plan should be able to receive a favorable determination letter. The letter will probably specify that it applies prospectively only, as the original document was not submitted within the then effective remedial amendment period.

CGBS: I have always submitted all documents not previously covered by a determination letter. Occasionally, a particular IRS agent has - unsuccessfully - attempted to limit review to one plan document. Some agents also will not list all amendments/documents in the determination letter, while assuring me that the plan will have reliance on the determination letter for all documents submitted. I have not reviewed the latest Revenue Procedures on submissions; it is possible there is some relevant information there.

[Alf]

Wessex is right on. You should always send in any documents that are not covered by a previous letter. In AP's case, the IRS will almost certainly require it because the plan does not have a previous determination letter.